de angelis v icon entertainment group - class action

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

STEPHANIE DE ANGELIS, : Individually and on behalf of all others similarly situated, : 3755 Dehner Drive Columbus, Ohio 43227 : Case No. 2:17-cv-927 Plaintiff, : Judge v. : Magistrate Judge ICON ENTERTAINMENT GROUP, INC., : d/b/a Kahoots Gentlemen’s Club 4522 Kenny Road : Columbus, Ohio 43220 : Serve Also Its Registered Agent: : ICON Entertainment Group, Inc. C/O CPM Statutory Agent Corp. : 366 East Broad Street Columbus, Ohio 43215 : Defendant. :

COLLECTIVE ACTION COMPLAINT FOR

DECLARATORY JUDGMENT AND COMPENSATION UNDER 29 U.S.C. §§ 201, et. seq.

AND CLASS ACTION COMPLAINT

UNDER OHIO REVISED CODE CHAPTER 4111, et seq.

Now comes Plaintiff, on behalf of herself and all other similarly situated, and brings this

collective and class action against Defendant Icon Entertainment Group, Inc., doing business as

Kahoots (“Defendant”) for monetary, declaratory, and injunctive relief due to its willful failure

to compensate employees with proper pay in violation of the federal Fair Labor Standards Act of

Case: 2:17-cv-00927-JLG-CMV Doc #: 1 Filed: 10/23/17 Page: 1 of 20 PAGEID #: 1

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1938 (”FLSA”), 29 U.S.C. §§ 201, et seq., the Ohio Minimum Fair Wage Standards Act

(“OMFWSA”), O.R.C. §§ 4111.01, et seq., the Ohio Semi-Monthly Payment Act O.R.C. §

4113.15, and common law unjust enrichment by intentionally failing to pay full and accurate

wages to employees for each hour worked in accordance with federal and Ohio law. In support

of the claims stated above, Plaintiff alleges the following:

INTRODUCTION

1. This is an action brought under the Fair Labor Standards Act, 29§§ 201, et seq.,

against Defendant Icon Entertainment Group, Inc., doing business as Kahoots (“Defendant”) to

redress Defendant’s long standing abuse of the federal minimum wage and overtime standards.

Plaintiff brings this action as a collective action under 29 U.S.C. § 216 (b). The FLSA violations

raised in this lawsuit are straightforward – Defendant does not pay its employees anything.

2. This action is also brought under the Ohio Minimum Fair Wage Standards Act

(“OMFWSA”), O.R.C. §§ 4111.01, et seq., for Defendant’s failure to pay employees wages

including overtime at a rate of one and one-half times the employee’s regular rate of pay for all

hours worked in excess of forty hours in one workweek, and O.R.C. § 4111.08 for Defendant’s

failure to keep accurate records.

3. Defendant owns and operates an adult entertainment club in Columbus.

4. Plaintiff Stephanie De Angelis is a non-exempt former employee of Defendant

and worked as a Dancer. During her tenure as a dancer for Defendant, she did not receive the

FLSA-mandated minimum wage for all hours worked nor did she receive time and a half her

regular rate of pay for hours worked over forty in a given workweek.

5. In fact, Defendant did not compensate Plaintiff whatsoever for any hours she

worked. Plaintiff was first required to pay to enter the club, and her only compensation came in


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the form of tips received from club patrons. Moreover, Plaintiff was required to divide those tips

with Defendant and other employees who do not customarily receive tips. Consequently,

Defendant failed to compensate Plaintiff and other similarly situated Dancers like her at federal

mandated minimum wage rates, and failed to provide Plaintiff and others like her with

commensurate overtime when they worked over forty hours in a given workweek.

JURISDICTION AND VENUE

6. This Court has jurisdiction over Plaintiff’s FLSA claims pursuant to 28 U.S.C. §

1331, 28 U.S.C. § 1331, 28 U.S.C. § 1337(a), and 29 U.S.C. §216(b).

7. This Court has supplemental jurisdiction over Plaintiff’s OMFWSA claims

pursuant to 28 U.S.C. § 1367 for those claims authorized under Ohio Revised Code Chapter

4111.01, et seq.

8. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b) and S.D. Ohio

Civ. R. 82.1(b) because the acts giving rise to the claims of the Plaintiff occurred within this

judicial district, and Defendant regularly conducts business in and has engaged and continues to

engage in the wrongful conduct alleged herein and thus, is subject to personal jurisdiction within

this judicial district.

9. Pursuant to Southern District of Ohio Local Rule 3.1(b) this case is related to

Hogan v. Cleveland Ave. Restaurant, Inc., Case No. 2:15-cv-2883 before Judge Algenon L.

Marbley. Plaintiff in this case is a putative member of the collective class in Case No. 15-cv-

2883. Both cases arise from the same type of event, call for a determination of the same or

substantially identical questions of law or fact, and would entail substantial duplication of effort

and expense by the Court if heard by different judges. Plaintiff intends to file this related case

along with multiple others. Each case is a wage and hour case for failure to pay wages according


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to federal and Ohio State law. Each case is brought against a gentlemen’s strip club defendant in

Columbus, Ohio by and on behalf of a putative class of Dancers. Each club maintained nearly

identical illegal policies that deprived Dancers of the wages they were entitled to under the law.

Accordingly, each case is clearly related and it would be unnecessarily duplicative to have the

cases handled by multiple Judges.

PARTIES

10. Plaintiff Stephanie De Angelis is a citizen of the State of Ohio who was employed

by Defendant as a dancer in Columbus, Ohio during the statutory period covered by this

Complaint.

11. Defendant Icon Entertainment Group, Inc., doing business as Kahoots is a for

profit corporation registered to do business in Ohio. Defendant’s principal place of business is

4522 Kenny Road, Columbus, Ohio 43220.

12. On information and belief, at all times relevant to this lawsuit, Defendant has

gross operating revenues or business volume in excess of $500,000.

13. The putative Collective Action Members are all current and former Dancers who

worked for Defendant at any location at any time within the three years prior to the filing of this

Complaint through the date of final disposition of this action who did not receive minimum

wages or overtime premium pay for hours worked over forty in a given workweek from

Defendant.

14. The putative Class Action Members are all current and former Dancers who work

or worked for Defendant in Ohio at any time within the six years prior to the date of filing of this

Complaint through the date of the final disposition of this action.


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15. Plaintiff’s consent to participate in this lawsuit in attached as Exhibit A to this

complaint.

FACTUAL ALLEGATIONS

16. Defendant employed Plaintiff as a dancer.

17. Like most (if not all) gentlemen’s clubs throughout the country, Defendant

classifies all of its Dancer employees as independent contractors.

18. Defendant employed Plaintiff from about April 2016 to February 2017.

19. During all relevant times, Defendant was Plaintiff’s employer within the meaning

of the FLSA and the OMFWSA.

20. Defendant maintained substantial control over Plaintiff and Dancers.

21. Plaintiff was compensated exclusively through “tips” from Defendant’s

customers.

22. Defendant produced a written schedule that scheduled Dancers on specific days

throughout the workweek. Defendant maintained an expectation that Dancers had to work four

days a week.

23. Plaintiff and Dancers were expected to, and typically worked at least a full forty

hour workweek and sometimes more.

24. Defendant required Plaintiff and Dancers to sign in with a manager or DJ (or

other employee if neither was available) before getting dressed for the night.

25. Defendant maintained specific rules that all Dancers had to follow. These rules

included a dress code and Dancer etiquette.

26. Defendant set the price that Dancers could charge for drinks, table dances, private

dances, and all other services. Dancers could not set their own prices for any services.


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27. Defendant had absolute control over admitting patrons and set the door price for

admission. Dancers had no say in this matter.

28. Defendant handled all advertising and promotional activity, and determined what

services Dancers would offer. Dancers had no say in this matter.

29. At the end of every night, Defendant took a cut from all tips made by Dancers for

work performed for patrons. This included fees and money earned from dances and drinks.

30. In addition to paying cash to Defendant at the end of the night, Dancers were

required to tip out other employees, which could include bartenders, other server personnel, and

bouncers.

31. Defendant maintained some type of recording of the Dancers’ schedules, the

services provided / sold by Dancers, and of the money earned by each Dancer.

32. Defendant was responsible for providing the locker rooms, dance stages

(including poles), DJ, and music used by dancers.

33. Defendant did not require that Dancers have any special skills in order to obtain

employment.

34. Plaintiff and Dancers are integral to the financial success of Defendant’s business.

35. The practices and policies set by Defendant resulted in Plaintiff being paid less

than the required minimum wage.

FLSA ALLEGATIONS

36. Plaintiff incorporates the preceding paragraphs by reference as if set forth fully in

this section, unless inconsistent.


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37. The FLSA is to be construed expansively in favor of coverage, recognizing that

broad coverage is essential to accomplish the goals of this remedial legislation, including the

avoidance of unfair competition.

38. To determine employment status under the FLSA’s broad remedial purpose,

courts apply some form of the economic realities test to determine whether as a matter of

economic reality, the individuals are dependent upon the business to which they render service.

39. The FLSA applied to Plaintiff and the putative Collective Action Members at all

times that they worked as Dancers at Defendant’s club.

40. No exemptions to the application of the FLSA apply to Plaintiff or the putative

Collective Action Members. For instance, neither Plaintiff nor any putative Collective Action

Member has ever been a professional or artist exempt from the provisions of the FLSA. The

dancing required by Defendant does not require invention, imagination or talent in a recognized

field of artistic endeavor and Plaintiff and the putative Collective Action Members have never

been compensated by Defendant on a set salary, wage, or fee basis. Rather, Plaintiff and the

putative Collective Action Members’ sole source of income while working for Defendant was

tips given to them by the club’s patrons (i.e., stage dancing or single dancing tips).

41. At all relevant times, Plaintiff and the putative Collective Action Members were

employees of Defendant pursuant to the FLSA.

42. During the relevant time period, neither Plaintiff nor any putative Collective

Action Member received money from Defendant in the form of wages, nor did they receive any

other category of compensation (e.g., bonuses, shift differentials, per diem payments) from

Defendant.


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43. The money that Plaintiff and the putative Collective Action Members would

receive from customers at Defendant’s location is a tip, not a service charge as those terms are

defined in relevant FLSA regulations. See 29 C.F.R. §§ 531.52, 531.53, & 531.55.

44. Those tips received by Plaintiff and the putative Collective Action Members does

not become part of the Defendant’s gross receipts to be later distributed to the Dancers at a given

location as wages. Instead, dancers merely pay the club a portion of their tips.

45. Plaintiff and the putative Collective Action Members are tipped employees under

the FLSA, as they are engaged in an occupation in which they customarily and regularly receive

more than $30 per month in tips. See 29 U.S.C. § 203(t).

46. Defendant, however, is not entitled to take a tip credit for the amounts Plaintiff

and the putative Collective Action Members received as tips. 29 U.S.C. § 203(m) requires an

employer to inform its employee that it intends to rely on the tip credit to satisfy its minimum

wage obligations. Here, Defendant affirmatively informed Plaintiff and the Collective Action

Members that they would not be paid wages at all, much less paid a tip credit adjusted minimum

wage.

47. Defendant’s scheme to label Plaintiff and the putative Collective Action Members

as independent contractors was designed to deny them their fundamental rights as employees to

receive minimum wages, overtime, to demand and retain portions of tips given to putative

Collective Action Members by Defendant’s customers, and to enhance Defendant’s profits.

48. Defendant’s illegal scheme to label Plaintiff and the putative Collective Action

Members as independent contractors rather than employees was willful.

49. Finally, federal law requires employers to make and keep accurate and detailed

payroll data for non-exempt employees. 29 U.S.C. § 211(c); 29 C.F.R. § 516.2. Amongst other


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things, the regulations require employers to make and keep payroll records showing data such as

the employee’s name, social security number, occupation, time of day and day of week which the

workweek begins, regular hourly rate of pay for any week in which overtime pay is due, hours

worked each workday and total hours worked each workweek, total daily or weekly straight time

earnings, total premium pay for overtime hours, total wages paid each pay period and date of

payment and pay period covered by the payment, and records of remedial payments. 29 C.F.R. §

516.2(a)&(b). Employers are required to maintain the foregoing data for a minimum of three

years. 29 C.F.R. § 516.5. Defendant has failed to accurately keep the aforementioned records.

COLLECTIVE ACTION ALLEGATIONS



51. Plaintiff brings this collective action on behalf of herself and all other similarly

situated Dancers.

52. Plaintiff has actual knowledge that putative Collective Action Members have been

denied wages for all hours worked in each workweek. Plaintiff worked with other Dancers at

Defendant’s location. As such, she has personal knowledge of the pay violations. Furthermore,

other Dancer employees at Defendant’s establishment have shared with her that they experienced

similar pay violations as those described in this complaint

53. Defendant misclassified Plaintiff and similarly-situated Collective Action

Members as independent contractors to avoid obligation to pay them pursuant to the FLSA.

54. Plaintiff is not exempt from the overtime and minimum wage requirements under

the FLSA.


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55. Plaintiff and the Collective Action Members were subject to the same uniform

illegal pay practices and policies. Defendant maintained a single common and unified illegal pay

policy that applied to all Dancers equally and failed to pay them the wages they were entitled to

under law. Defendant erroneously classified all Dancers as independent contractors.

56. Defendant’s illegal pay practices and policies are identified above and generally

include failing to pay minimum wage for each hour worked, subjecting workers to an illegal tip

pool policy, and charging money to employees for performing their essential job functions.

57. The putative Collective Action Members are similarly situated to Plaintiff in all

relevant respects having performed the same work duties as Plaintiff and being similarly situated

with regard to Defendant’s policies and pay practices.

58. The putative Collective Action Members regularly work or have worked in excess

of forty hours during a workweek.

59. The specific job titles or precise job responsibilities of each putative Collective

Action Member does not prevent collective treatment.

60. The Collective Action Members are owed wages for the same reasons as Plaintiff.

61. Application of Defendant’s illegal pay practices does/did not depend on the

personal circumstances of Plaintiff or putative Collective Action Members. Rather, the same

policy or practice which resulted in the non-payment of minimum and overtime wages applies to

all putative Collective Action Members. Accordingly, Plaintiff seeks to represent the following

class:

All of Defendant’s current and former Dancers who are or were employed with Defendant during the three years before this Complaint was filed up to the present.


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62. Defendant knowingly, willfully, and with reckless disregard for the rights of

putative Collective Action Members carried out an illegal pattern or practice of failing to pay

minimum wages and overtime compensation.

63. Defendant did not act in good faith or reliance upon and of the following in

formulating its pay practices: (a) case law, (b) the FLSA, (c) Department of Labor Wage & Hour

Opinion Letters or (d) the Code of Federal Regulations.

64. Defendant acted willfully in failing to pay Plaintiff and putative Collective Action

Members in accordance with the law.

OHIO LAW ALLEGATIONS



66. The OMFWSA, O.R.C. §§ 4111.01, et seq., expressly incorporates the standards

set forth under the FLSA.

67. Ohio law requires employers to pay employees overtime at a wage rate of one and

one-half times the employee’s wage rate for hours worked in excess of forty hours in one

workweek. O.R.C. § 4111.03.

68. Ohio law requires employers to maintain accurate pay records. O.R.C. § 4111.08.

69. Ohio law requires employers to, on or before the first day of each month, pay all

its employees the wages earned by them during the first half of the preceding month ending with

the fifteenth day thereof, and shall, on or before the fifteenth day of each month, pay such

employees the wages earned by them during the last half of the preceding calendar month.

O.R.C. § 4113.15.

70. Ohio common law prohibits the windfall of unjust enrichment.


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CLASS ACTION ALLEGATIONS



72. Plaintiff brings her claims for relief under Ohio law on behalf of herself and a

Class of persons under Rules 23(a), (b)(2), and (3) of the Federal Rules of Civil Procedure

defined as follows:

All of Defendant’s current and former Dancers who are or were employed with Defendant during the three years before this Complaint was filed up to the present.

73. Numerosity (FED. R. CIV. P. 23(a)(1)). The putative Class Action Members

are so numerous that joinder of all members is impracticable. The precise number of such

persons is unknown, and the facts on which that number can be ascertained are presently within

the sole control of Defendant. Upon information and belief, there are over forty putative Class

Action Members.

74. Commonality (FED. R. CIV. P. 23(a)(2)). Common questions of law and fact

exist as to putative Class Action Members, including, but not limited to, the following:

a. Whether Defendant misclassified Dancers as independent contractors;

b. Whether Defendant failed to pay wages including overtime pursuant to O.R.C.

§§ 4111.01 et seq.;

c. Whether Defendant failed to keep records pursuant to O.R.C. § 4111.08;

d. Whether Defendant failed to timely pay Class Members in accordance with

O.R.C. § 4113.15;

e. Whether Defendant was unjustly enriched by work and services performed by

Class Members; and


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f. The proper measure of damages sustained by the putative Class.

75. Typicality (FED. R. CIV. P. 23(a)(3)). Plaintiff’s claims are typical of those of

the putative Class Action Members. Plaintiff, like other Class Action Members, was subjected to

Defendant’s policy and practice of refusing to pay wages owed to its Dancers in accordance with

Ohio law.

76. Adequacy (FED. R. CIV. P. 23(a)(4)). Plaintiff will fairly and adequately

represent and protect the interests of the putative Class.

77. Adequacy of counsel (FED. R. CIV. P. 23(g). Plaintiff has retained counsel

competent and experienced in complex class actions, the FLSA, and state labor and employment

litigation.

78. Class certification of the Ohio claims is appropriate pursuant to FED. R. CIV. P.

23(b)(2) because Defendant has acted or refused to act on grounds generally applicable to the

putative Class, making appropriate declaratory and injunctive relief with respect to the Plaintiff

and the putative Class Action Members as a whole.

79. Predominance and Superiority (FED. R. CIV. P. 23(b)(3)). Class certification

of the Ohio claims is also appropriate under FED. R. CIV. P. 23(b)(3) because questions of law

and fact common to the putative Class Action Members predominate over any questions

affecting only individual members of the putative Class Action, and because a class action is

superior to other available methods for the fair and efficient adjudication of this litigation.

Defendant’s common and uniform policies and practices unlawfully fail to compensate the

members of the putative Class. The damages suffered by individual members of the putative

Class are small compared to the expense and burden of individual prosecution of this litigation.


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In addition, class certification is superior because it will obviate the need for unduly duplicative

litigation which might result in inconsistent judgments about Defendant’s practices.

80. Notice (FED. R. CIV. P. 23(c)(2)(B)). Plaintiff intends to send opt-out notice to

all members of the putative Class to the extent provided by Rule 23.

81. Plaintiff’s claims are typical of the claims of the Class, and a class action is

superior to other available methods of fair and efficient adjudication of the controversy-

particularly in the context of wage and hour litigation where individual plaintiffs lack the

financial resources to vigorously prosecute a lawsuit in federal court against corporate

defendants.

CAUSES OF ACTION

First Claim: Fair Labor Standards Act: Failure to Pay Minimum Wages and Overtime (On Behalf Of the Collective Action Members)



83. The foregoing conduct, as alleged, violated the FLSA.

84. Plaintiff and the putative Collective Action Members are nonexempt employees

entitled to be paid overtime compensation for all overtime hours worked, as defined above. See

29 U.S.C. § 203(e)(1).

85. Defendant was, and is, required to pay its employees, Plaintiff and the putative

Collective Action Members, at least the minimum wage for all hours worked under forty in a

given workweek. 29 U.S.C. § 206.


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86. Defendant was, and is, required to pay its employees, Plaintiff and the putative

Collective Action Members, overtime premiums in an amount of one and one half times their

regular rate of pay for all hours worked over forty hours in a given workweek. 29 U.S.C. § 207.

87. Defendant failed to pay Plaintiff and the putative Collective Action Members

their federally mandated overtime wages for all hours worked over forty in a given workweek.

88. Defendant also unlawfully retained certain tips. Those tips were the sole property

of Plaintiff and the putative Collective Action Members, and were not made part of Defendant’s

gross receipts. 29 C.F.R. §§ 531.52, 531.53, & 531.55.

89. No tip credit applies to reduce or offset Defendant’s liability under the FLSA,

because Defendant did not inform Plaintiff and the putative Collective Action Members that it

would be applying a tip credit to satisfy a portion of the statutory minimum wage, nor did

Plaintiff and the putative Collective Action Members retain all tips, except those included in a

tipping pool among employees who customarily receive tips. 29 U.S.C. § 203(m).

90. Accordingly, Plaintiff and the putative Collective Action Members are entitled to

the full statutory minimum wages set forth in 29 U.S.C. § 206 & 207.

91. Defendant’s conduct was willful and done to avoid paying minimum wages and

overtime. 29 U.S.C. § 255(a). Therefore, Plaintiff and the putative Collective Action Members

are entitled to a three (3) year statute of limitations.

92. Plaintiff and the putative Collective Action Members seek all damages to which

they are entitled under the FLSA, including their back minimum wages, back overtime wages,

liquidated damages, attorneys’ fees and costs, post-judgment interest, and specifically plead

recovery for the three (3) year period preceding the filing of this lawsuit through its resolution.


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93. Defendant failed to pay Plaintiff and the putative Collective Action Members the

federally-mandated minimum wage for all hours worked under forty in a given workweek.

Moreover, Defendant did not pay any overtime. Defendant did not pay Plaintiff and Collective

Action Members at all. Accordingly, Defendant violated the FLSA minimum wage and overtime

provisions.

Second claim: Ohio Minimum Fair Wage Act Violations- Failure to Pay Overtime Wages O.R.C. § 4111.01, et seq.

(On Behalf Of the Class Action Members)



95. Defendant failed to pay wages including overtime to Plaintiff and putative Class

Action Members.

96. Defendant’s failure to pay proper wages to Plaintiff and Class Action Members

for each hour worked including but not limited to those hours worked in excess of forty hours

per week was willful within the meaning of the Ohio Minimum Fair Wage Standards Act and in

reckless disregard of applicable law.

97. Plaintiff, on behalf of herself and the putative Class Action Members, seeks

restitution in the amount of the respective unpaid overtime wages earned and due at a rate of not

less than one and one half times the regular rate of pay for all hours worked over forty in a given

workweek.

98. As a result of Defendant’s illegal actions, Plaintiff thereon as well Class Action

Members suffered lost wages and other losses such as incurring the costs of attorneys’ fees

associated with this action. Thus, they seek attorneys’ fees.


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Third Claim: Ohio Semi-Monthly Payment Act O.R.C. § 4113.15 (On Behalf Of the Class Action Members)



100. During all times material to this complaint, Defendant was an entity covered by

the Ohio Semi-Monthly Payment Act, and Plaintiff and the Class Action Members are/were

employed by Defendant within the meaning of the Ohio Semi-Monthly Payment Act.

101. The Ohio Semi-Monthly Payment Act requires Defendant to pay Plaintiff and the

Class Action Members all wages, including unpaid overtime, and the pay that was improperly

deducted, on or before the first day of each month, for wages earned by them during the first half

of the preceding month ending with the fifteenth day thereof, and, on or before the fifteenth day

of each month, for wages earned by them during the last half of the preceding calendar month.

See O.R.C. § 4113.15(A).

102. During all times relevant to this complaint, Plaintiff and the Class Action

Members are/were not paid wages, described as overtime wages at one and one-half times their

regular hourly rate and the pay improperly deducted, within thirty days of performing the work.

See O.R.C. §4113.15(B).

103. Defendant failed to timely pay Class Action Members according to O.R.C. §

4113.15—indeed Defendant did not pay Class Action Members at all. Plaintiff on behalf of

herself and Class Action Members seeks wages owed and interest due pursuant to O.R.C. §

4113.15.

Forth Claim: Unjust Enrichment (On Behalf Of the Class Action Members)


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105. Plaintiff and the Class Action Members performed work and services that

conferred a benefit upon Defendant and were integral to the financial success of Defendant’s

business.

106. Defendant had knowledge that Plaintiff and Class Action Members performed this

work and of the benefit it incurred as a result.

107. Defendant retained the benefit of the work and services of Plaintiff and Class

Action Members.

108. Under the circumstances, retention of this benefit by Defendant would be unjust

without payment to Plaintiff and Class Action Members.

109. Defendant was unjustly enriched and owes Plaintiff and Class Action Members

for the retention of the benefit resulting from their work and services including money damages.

PRAYER FOR RELIEF

Wherefore, Plaintiff and similarly situated individuals are entitled to and pray for the

following relief:

A. Certification of this action of a class action pursuant to Fed.R.Civ.P.23(b)(2)

and (3) on behalf of the Collective Action Members and appointment of

Plaintiff and her counsel to represent the Collective Action Members;

B. Designation of this action as a collective action on behalf of Collective Action

Members and prompt issuance of notice to all similarly-situated members of

an opt-in class, apprising them of this action, permitting them to assert timely


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wage and hour claims in this action and appointment of Plaintiff and her

counsel to represent the Collective Action Members;

C. A declaratory judgment that the practices complained of herein are unlawful

under the FLSA and OMFWSA;

D. An award of unpaid wages due under the FLSA, the OMFWSA and O.R.C. §

4113.15, and the Ohio Semi-Monthly Payment Act O.R.C. § 4113.15;

E. Interest owed in accordance with the Ohio Semi-Monthly Payment Act

O.R.C. § 4113.15;

F. An award of liquidated and treble damages as a result of Defendant’s failure

to pay minimum wages and overtime pursuant to 29 U.S.C. § 216 and O.R.C.

§§ 4111.01 et seq.;

G. An award of prejudgment and post judgment interest;

H. An award of compensatory damages;

I. An award of costs and expenses of this action together with reasonable

attorneys’ fees and expert fees;

J. Such other legal and equitable relief as this Court deems appropriate.

Respectfully submitted,

/s/ Steven C. Babin, Jr. Steven C. Babin, Jr. (0093584) Lance Chapin (0069473)

Chapin Legal Group, LLC 580 South High Street, Suite 330 Columbus, Ohio 43215 Telephone: 614.221.9100 Facsimile: 614.221.9272 E-mail: [email protected]


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[email protected]

Attorneys for Plaintiff Stephanie De Angelis, et al.


Case: 2:17-cv-00927-JLG-CMV Doc 1-1 Filed: 10/23/17 Page: 1 of 1 PAGEID 21

CONSENT TO SUE UNDER THE F.L.S.A.

Stephanie De Angelis, hereby consent to be a plaintiff in an action under the Fair

Labor Standards Act, 29 U.S.0 Section 201, et seq., to secure any unpaid wages, overtime pay,

liquidated damages, attorney's fees, costs and other relief arising out of my employment with

Kahoots

I authorize the attorneys of the Chapin Legal Group, LLC and/or any associated attorneys

as well as any successors as assigns to represent me in such action.

Dated: -az-‘i 71\N. ij) 1\1Stephanie 1 e Angehs

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& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 460 Deportation’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 470 Racketeer Influenced and’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 840 Trademark Corrupt Organizations

Student Loans ’ 340 Marine Injury Product ’ 480 Consumer Credit (Excludes Veterans) ’ 345 Marine Product Liability LABOR SOCIAL SECURITY ’ 490 Cable/Sat TV

’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 850 Securities/Commodities/ of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud Act ’ 862 Black Lung (923) Exchange

’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) ’ 890 Other Statutory Actions’ 190 Other Contract Product Liability ’ 380 Other Personal Relations ’ 864 SSID Title XVI ’ 891 Agricultural Acts’ 195 Contract Product Liability ’ 360 Other Personal Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 893 Environmental Matters’ 196 Franchise Injury ’ 385 Property Damage ’ 751 Family and Medical ’ 895 Freedom of Information

’ 362 Personal Injury - Product Liability Leave Act Act Medical Malpractice ’ 790 Other Labor Litigation ’ 896 Arbitration

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 791 Employee Retirement FEDERAL TAX SUITS ’ 899 Administrative Procedure’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: Income Security Act ’ 870 Taxes (U.S. Plaintiff Act/Review or Appeal of ’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee or Defendant) Agency Decision’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party ’ 950 Constitutionality of’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 State Statutes’ 245 Tort Product Liability Accommodations ’ 530 General’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION

Employment Other: ’ 462 Naturalization Application’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration

Other ’ 550 Civil Rights Actions’ 448 Education ’ 555 Prison Condition

’ 560 Civil Detainee - Conditions of Confinement

V. ORIGIN (Place an “X” in One Box Only)

’ 1 OriginalProceeding

’ 2 Removed fromState Court

’ 3 Remanded fromAppellate Court

’ 4 Reinstated orReopened

’ 5 Transferred fromAnother District(specify)

’ 6 MultidistrictLitigation

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Brief description of cause:

VII. REQUESTED IN COMPLAINT:

’ CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.

DEMAND $ CHECK YES only if demanded in complaint:JURY DEMAND: ’ Yes ’ No

VIII. RELATED CASE(S) IF ANY (See instructions):

JUDGE DOCKET NUMBERDATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Case: 2:17-cv-00927-JLG-CMV Doc #: 1-2 Filed: 10/23/17 Page: 1 of 2 PAGEID #: 22

Stephanie De Angelis

Franklin

Chapin Legal Group 580 South High Street, Suite 330, Columbus, Ohio 43215 614-221-9100

ICON Entertainment Group, Inc.

Franklin

29 U.S.C. Sec. 201-219

Failure to properly compensate non-exempt employees for all hours worked

Algenon L. Marbley 2:15-cv-2883

10/23/2017 /s/ Steven C. Babin, Jr.

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JS 44 Reverse (Rev. 12/12)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers asrequired by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, isrequired for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk ofCourt for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, notingin this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked.Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark thissection for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive.

V. Origin. Place an "X" in one of the six boxes.Original Proceedings. (1) Cases which originate in the United States district courts.Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box.Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers.Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

Case: 2:17-cv-00927-JLG-CMV Doc #: 1-2 Filed: 10/23/17 Page: 2 of 2 PAGEID #: 23

de angelis v icon entertainment group - class action

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